Mother speaks out after Supreme Court ruled family can’t sue Border Patrol Agent who shot, killed teenage son

Border Report

Guereca's mother said she's going to continue holding peaceful protests and vigils in honor of her son.

EL PASO, Texas (KTSM) — It’s been a decade long fight for justice on behalf of Sergio Adrian Hernandez Guereca after being killed unarmed on the Mexican side of the border by a Border Patrol Agent firing from the U.S. side.

“Just because they made their decision, doesn’t mean that they’re going to stop me,” Maria Guadalupe Guereca, Sergio’s mother shared.

As we reported, U.S. Supreme Court Justices ruled 5-4 which denied the parents of 15-year-old Sergio Adrian Hernandez Guereca to sue Border Patrol Agent Jesus Mesa Jr. who reportedly shot and killed Guereca back in 2010.

Mesa’s lawyers said a group of boys including Sergio, were throwing rocks at agents.

“The supreme court is showing their political colors by these 5-4 decisions based on ideological grounds, and not based on common sense,” Richard Boren with the Border Patrol Victims Network said.

Mexican prosecutors charged Mesa with murder, however the U.S. refused to extradite the agent. That’s when Guereca’s parents filed a lawsuit.

This is the second time the case has gone to the Supreme Court.

Retired Chief Victor Manjarrez with U.S. Border Patrol said the primary concern of the court questioned if the constitution goes beyond external borders of the U.S., “I recall back in 2010 when this occurred, there was some real deep concern in terms of where does it stop. In terms of the ability to sue a government agent for actions that may have started in the United States but ended in another country. So yea it’s been pretty darn difficult.”

Richard Boren with the Border Patrol Victims Network said the decision was an injustice to five other victims killed by Border Patrol in Mexico.

“Border patrol now will have a blank check from the supreme court to use excessive force anytime they want and will put all of us in danger knowing that there will be no way to have justice or hold border patrol accountable in these killings,” Boren stated.

Despite the courts ruling, Manjarrez said this decade long fight hasn’t been easy for either party, “Although the supreme court ruled and I heard some people say ‘Hey that’s a win’. There were no winners in this case. From the family, to the officer involved. We got some clarity is what we did. I don’t think anyone got any kind of satisfaction.”

Guereca’s mother said she’s going to continue holding peaceful protests and vigils in honor of her son.

You can watch the full interview with Guereca’s mother down below.

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